DEPUTY COMMISSIONER Vs. KITINDRA SARSWATI

JUDGEMENT

(1.) Heard Sri N.M. Lahiri, learned senior Counsel for the Respondents and Sri B.M. Sarma, learned Counsel for the Appellant

(2.) A preliminary point has been raised by Sri N.M. Lahiri, learned Sr. Counsel for the respondents that this appeal is not maintainable at ail inasmuch as the appeal is not properly framed. According to Sri N.M. Lahiri, the impugned award is a joint award which is indivisible. In the present appeal, one of the claimants namely Shri Atul Ch.Saraswarti, in other words one or the decree holders has not been made as a party respondent in this appeal. Therefore, the impugned decree, even if it is to be reversed, there shall be conflicting decree.

(3.) For proper appreciation of the available materials on records, I highlight the facts of this case in a very short compass as hereunder : Under the authority of the Defence of India Act, Deputy Commissioner, Kamrup, acquired the lands involved in this case for the purpose of remodelling of Railway Station at Rangia vide Notification dated 17.3.64. After the acquisition of the land, certain compensation had been offered to the present respondents, but the same was not accepted by them on the ground of inadequacy and subsequently a reference has been sought for appointment of Arbitrator. According to respondents as petitioners in the case, they claimed minimum compensation of Rs. 15,000/- per bigha. Even after the appointment of Arbitrator neither the petitioners nor the Opposite party, Deputy Commissioner, Kamrup filed any written statement before the Court of District Judge, Kamrup. After hearing the parties at a length, the learned District Judge and Arbitrator, Kamrup, Gauhati awarded compensation @ Rs. 10,000/- per bigha with interest @ 6% per annum from the date of possession till payment, and also cost of Rs. 200/- was allowed. Being dis-satisfied with the impugned award, the present appellant filed this appeal.